JAGDISH RAM Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) The petitioner is aggrieved by the order dated 01.10.2011 passed by Addl. Sessions Judge No. 1, Jodhpur Metropolitan, Jodhpur, whereby he has framed charges against the petitioner for offences under Sections 135, 138 of the Indian Electricity Act ('the Act', for short).

(2.) Briefly, the facts of the case are that on 29.01.2011 at 2:30 PM, an inspection party of the office of the Executive Engineer, JVVNL carried out a survey of meter No. 5917619 situated at Jatan ki Dhani, which belonged to the petitioner, According to the VCR Report, which was made at the spot in the presence of the petitioner, it was discovered that the meter had been tampered with. Subsequently, the meter was seized and sent for testing in the laboratory. Even according to the lab report, the meter was tampered with. Therefore, a complaint was filed for offences under Section 135, 138 of the Act. After hearing both the parties, vide order dated 01.10.2011, the learned Judge framed charges for offences under Sections 135, 138 of the Act. Hence, this petition before this Court.

(3.) Mr. G.R. Gora, the learned counsel for the petitioner, has contended that according to questionnaire carried out by the JVNNL, the lineman had admitted that he has carried out certain adjustments in the meter and for this purpose the meter was repaired. According to the learned counsel, this document clearly shows that the meter belonging to the petitioner was not tampered with, but was merely repaired.